S.Selvi v. Ponnammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI S.Selvi W/o. Nagamani, Residing at 5/42, Kullampalayam, Chinna Vangalampalayam Post, Thennilai West, Karur District.

Petitioner(s) Vs

1. PONNAMMAL W/o. Palanisamy, Residing at Door No.

61/A, Kullampalayam Nadarpathi Kaikativalasu, Thennilai west, Aravakurichi Taluk, Karur District.

2.Kumar S/o. Late. Subramani, Residing at 104, East Street, Thandampalayam, Kollangkovil Village, Kodumudi Taluk, Erode District.

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3.Yamuna Devi W/o. Vadivel, Mettukadai, Muthur Village, Kangeyam Taluk, Tiruppur District.

4.Palanisamy @ Sadaiyan S/o. Kuppana Gounder, Residing No.

56, West Street, Thandampalayam and Post, Kollangkovil Village, Kodumudi Taluk, Erode District.

5.Dhanasekaran S/o. Krishnasamy, Residing at No.

53/56 Sennithotham, Thandampalayam, Kollangkovil Village, Kodumudi Taluk, Erode District.

6.Senthilraja S/o. Krishnasamy, Residing at No.

53/56 Sennithotham, Thandampalayam, Kollangkovil Village, Kodumudi Taluk, Erode District.

7.Subramanian S/o. Duraisamy Gounder, Residing at Chinna Thandampalayam, Kollangkovil Village, Kodumudi Taluk, Erode District.

8.T.K.Elangovan S/o. Ramasamy Gounder, Thandampalayam, Kollangkovil Village, Kodumudi Taluk, Erode District.

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9.M.S.Viswanathan S/o. M.K.Natesan, Document Writer, Sivagiri, Kodumudi Taluk, Erode District.

Respondent(s) PRAYER To set aside the order passed by the District Munsif cum Judicial Magistrate, Kodumudi in CMP No. 960/2024 dt. 03.07.2025 to allow the Criminal Revision.

For Petitioner(s):

Mr. V.S. Kesavan

ORDER

Challenging the impugned order passed by the District Munsif cum Judicial Magistrate, Kodumudi in C.M.P.No.960 of 2024 dated 03.07.2025, the petitioner/accused preferred this Criminal Revision Petition.

2. The learned counsel for petitioner would submit that there is a clear case of impersonation with regard to creation of forged sale deed in the year 2008. When she came to the knowledge of the same, immediately, she had filed a complaint before the police authority, but they have refused to register the case. Hence, she filed a private complaint before the Magistrate Court and the 3/6

same was also dismissed holding that there is a delay of 10 years in preferring the complaint. Aggrieved that, she preferred this Criminal Revision Case. He would also pointed out that one of the paternal aunt Savithri was alive, the other co-sharers have executed a sale deed as if she was died and also committed impersonation, which requires detailed investigation.

3. Heard and considered rival submissions made by learned counsel for petitioner and perused materials available on record.

4. On seeing the facts, it reveals that though the complaint was lodged nearly about 10 years later, the learned counsel for petitioner submitted that immediately after came to the knowledge of the impersonation, she preferred a complaint. Whether it is time barred or there is a prima facie materials available to support her contentions, it is a matter for trial. Therefore, the findings rendered by the District Munsif cum Judicial Magistrate in C.M.P.No.960 of 2024 is set aside and this Criminal Revision Case is allowed. The concerned police authority is directed to register the F.I.R. and conduct the investigation. 08-10-2025 4/6

Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To District Munsif cum Judicial Magistrate, Kodumudi. 5/6

T.V.THAMILSELVI J.

rpp CRL RC No. 1956 of 08-10-2025 6/6